1. MEMBERSHIP ELIGIBILITY
Use of the Store is available only to persons who can enter into a legally binding contract under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Store. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Store and shall not transact or use the services offered through the Store. As a minor if you wish to use or transact on the Store, such use or transaction may be made by your legal guardian or parents who have registered as users of the Store. The Owner reserves the right to terminate your membership and refuse to provide you with access to the Store if it is brought to our notice or if it is discovered that you are under the age of 18 years or are incompetent to contract as per applicable laws. If you are accessing our Store as a guest user, you shall not be allowed to use full functionality of the Store and avail all benefits as available to the registered users.
2. YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
3. ELECTRONIC EXECUTION AND COMMUNICATIONS
When you use the Store or send emails or other data, information or communication to the Owner, you agree and understand that you are communicating with the Owner through electronic records and you consent to receive communications via electronic records from us periodically. We may communicate with you by email or by posting notices on the Store or by such other mode of communication, electronic or otherwise. You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically shall be deemed adequate service of notice/electronic record and satisfy any legal requirement that such communication be in writing.
Membership on the Store is free. We do not charge any fee for browsing and transacting on the Store. However, we reserve the right to charge fee and change our policies from time to time. In particular, we may at our sole discretion introduce new services and modify some or all of the existing services offered on the Store including without limitation the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Any such modifications or changes to the fee and related policies shall automatically become effective immediately once displayed on the Store. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to us.
5. USE OF THE STORE
You further agree, undertake and confirm that your use of the Store shall be strictly governed by the following binding principles:
5.1. You agree and undertake that you shall not host, display, upload, modify, publish, transmit, update or share any information that:
a. belongs to another person and to which you do not have any right to; or
b. that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; or
c. is misleading in any way; or
d. is patently offensive to the online/e-commerce community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
e. harasses or advocates harassment of another person; or
f. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; or
g. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; or
h. infringes upon or violates any third party's rights, (including but not limited to, intellectual property rights, proprietary rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]; or
i. promotes an illegal or unauthorized copy of another person's copyrighted work (see “Intellectual Property Rights Policy” [create hyperlink]), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or
j. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or
k. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or
l. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or
m. contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his her guardian in the case of minor; or
n. tries to gain unauthorized access or exceeds the scope of authorized access to the Store or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Store or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
o. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Store.
p. solicits gambling or engages in any gambling activity which the Owner, in its sole discretion, believes is or could be construed as being illegal; or
q. interferes with another user's use and enjoyment of the Store or any other individual user’s enjoyment of similar services; or
s. harm minors in any way; or
t. infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; or
u. violates any law for the time being in force; or
v. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
w. impersonate another person; or
x. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information; or
y. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
z. is false, inaccurate or misleading; or
aa. directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
bb. creates liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
5.2. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Store or any content therein, or in any way reproduce or circumvent the navigational structure or presentation of the Store or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Store.
5.3. You shall not attempt to gain unauthorized access to any portion or feature of the Store, or any other systems or networks connected to the Store or to any our servers, computer, network, or to any of the services offered on or through the Store, by hacking, password “mining” or any other illegitimate means.
5.4. You shall not probe, scan or test the vulnerability of the Store or any network connected to the Store or breach the security or authentication measures on the Store or any network connected to the Store. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Store, or any other customer/user, including any other account not owned by you, to its source, or exploit the Store or any service or information made available or offered by or through the Store, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Store.
5.5. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Store or on our systems or networks, or any systems or networks connected to the Store.
5.6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Store or any transaction being conducted on the Store, or interfere with any other person's use of the Store.
5.7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Store or any service offered on or through the Store. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
5.12. It is possible that some users of the Store (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Store and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you on the public forum due to your use of the Store, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Store you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Store. Please carefully select the type of information that you publicly disclose or share with others on the Store, or from the Store on other social platforms (e.g., but not limited to Facebook).
5.13. We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of services).
5.14. Nothing on the Store constitutes, or is meant to constitute, advice of any kind;
5.15. All the products sold on the Store or services offered through the Store are governed by different state laws and if we are unable to deliver any products due to implications of different state laws, we will return or will give credit for the amount received by us from the sale of such product, that could not be delivered to you;
5.16. You will be required to enter a valid phone number while placing an order on the Store. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS without your consent.
6. CONTENTS POSTED ON THE SITE
6.1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Store is owned, controlled or licensed by or to the Owner, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
6.3. You may use information on the Store products and services purposely made available by us for downloading from the Store, provided that you:
a. do not remove any proprietary notice language in all copies of such documents; or
b. use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
c. make no modifications to any such information; or
d. do not make any additional representations or warranties relating to such documents or information.
8. MANDATORY DECLARATION - COMPUTERS
8.1. You hereby declare that you have provided all necessary legal details for the shipment of the product to the destination specified by you in the order.
8.2. You further declare that the product will be acquired for personal use of the consignee and/or buyer. The product will not be sold, resold, bartered or in any way disposed for profit.
9. OWNER’S WARRANTIES
9.1. The Owner hereby warrants and represents that:
a. This Store, all the materials and products (including but not limited to software) and services offered through the Store, included on or otherwise made available to you are genuine and the Owner is legally allowed to sell the item(s) listed for sale on the Store.
b. The listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties.
c. The listing description of the item describes actual condition of the product. If the item description does not match the actual condition of the item, the Owner agrees to replace the product delivered to you with the correct product and/or refund any amounts that we may have received from you as per our Return and Refund Policy.
d. We (either ourselves or through our suppliers) shall be responsible for all warranty and after-sales services relating to the products purchased by you as per its standard product warranty and maintenance contracts.
f. The Owner has procured all necessary registrations/permits as required under applicable laws for sale of products through the Store (including without limitation registration under applicable laws pertaining to sales tax and VAT of the relevant states). The Owner further represents that the Owner shall be solely responsible for collection and payment of applicable taxes with respect to the sale of the products to the relevant government authorities.
g. The Owner has a valid, clear and marketable title to all the products being displayed, advertised and sold through the Store.
h. All the Products are genuine, merchantable, marketable and of the quality and nature as described and displayed on the Store. The Products are genuine, new and are not counterfeit products.
i. The Owner has valid, clear and full rights / entitlement to use the trademarks, designs, copyrights of or related to the products or its packaging used in connection with display and advertising of the products on the Store.
9.2. The Owner however does not warrant that
a. the Store will be constantly available, or available at all or the Store or the services offered on the Store will meet your requirements or your use of the Store or the services will be uninterrupted, timely, secure or error-free; or
b. This Store; information, content, materials, product (including software) or services included on or otherwise made available to you through the Store; our servers; or any electronic communication sent from the Store are free of viruses or other harmful components.
10.1. While availing any of the payment method/s offered on the Store, we shall not be responsible or assume any liability whatsoever, in respect of any loss or damage arising directly or indirectly to you due to:
a. Lack of authorization for any transaction/s; or
b. Exceeding the preset limit mutually agreed by you and between your bank/s; or
c. Any payment issues arising out of the transaction, or
d. Decline of transaction for any other reason/s.
10.2. All payments made against the purchases/services on the Store by you shall be compulsorily in Indian Rupees acceptable by the Union of India. We do not accept any other form of currency with respect to the purchases made or any Services availed on the Store.
11.1. Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Store in the event, but not limited to:
b. If we are unable to verify or authenticate any information you provide; or
c. If it is believed that your actions may cause legal liability for us, you, or other users.
13. APPLICABLE LAW
14. JURISDICTIONAL ISSUES/SALE IN INDIA ONLY
Unless otherwise specified, the materials/products on the Store are presented solely for the purpose of sale in India. We make no representation that the materials or products on the Store are appropriate or available for use in other locations/countries other than India. Those who choose to access this Store from other locations/countries other than India do so on their own initiative and we are not responsible for supply of goods/refund for the goods ordered from other locations/countries other than India, compliance with local laws, if and to the extent local laws are applicable.
15. TRADEMARK, COPYRIGHT AND RESTRICTION
This Store is controlled and operated by Owner. All material on this Store, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by Owner or by other parties that have licensed their material to us. The materials or products on the Store are solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such materials in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the Owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights of Owner or the third party who has licensed it to the Owner (as may be applicable), and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
16. RISK OF LOSS
All items purchased from the Store are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
17. PRODUCT DESCRIPTION
We ensure that the products that you buy from the Store are genuine, authentic products and are being sold at the best prices possible. We also offer extend all the warranties, guarantees as entailed by you in the product. We warrant that product description or other content of this Store is accurate, complete, reliable, current and error-free.
18. PRICING/TYPOGRAPHICAL ERROR
If we come across any difference in pricing resulting from typographic errors with respect to pricing or product information, we shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from you as per our Return and Refund Policy. The mode of refund will be the same as at the time of placing the order or any other mode at our discretion. Cash on Delivery order refunds will be done by cheque.
19. 15 DAY REPLACEMENT GUARANTEE
For information on return & refund policy, see here [create hyperlink].
20. CANCELLATION OF ORDER
We reserve the right to cancel any order without any explanation for doing so, under situation where we are not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the our policy or order has invalid address/incorrect information or for any other reason. However, we will ensure that any communication of cancellation of an order is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.
21. TERMS & CONDITIONS FOR PROMOTIONS/OFFERS/END OF SEASON SALE (EOSS)
21.1. Sale/discounts apply to selected items only. Although there are many brands on SALE, there might be some exclusion.
21.2. The End of Season Sale runs till stock lasts.
21.3. No two offers can be clubbed together.
21.4. Due to technical issues, typographical errors, prices of the products shown on the Store may vary during the order process. If you come across any errors in pricing or billing, we request you to contact us within 24 hours of receiving your order so that we may provide a remedy for the same.
21.5. All offers are non-transferable and have no cash value.
21.6. We reserve the right to extend/ terminate/amend/add/remove/modify (in whole or part) the offers/sale, without further information at any point of time and our decision in this regard shall be final and requires no intimation to the customer of any sort.
21.7. In case of any query pertaining to the schemes, please email customer care at [insert email id] or call @ [insert number]
22.1. Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of the Owner to [insert Vendor name] Attn: [•], at Owner’s office situated at [●], or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
23. GRIEVANCE OFFICER
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith
[Name of the Officer]